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Can A Medical Collector Repo My Car????


mitre244
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I had a dental bill from a few months back. The dentist hired a local collection agent. The letter from this collector states that he plans on suing me and after judgement he plans on executing sale on my personal property...including my vehicle. Can he legally do that for a $250 dental bill??

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They could, but it's likely a scare tactic. The likely hood that they are even going to sue over $250 is a slim chance. How long ago did they contact you and was it by phone or mail? Your best bet is to DV the CA right away, especially if it's within 30 days of contact. Oh yeah, STAY OFF THE PHONE WITH THEM! They will scare you into making a bad decision with these types of tatics. Also, if they don't sue you, they are in violation of the FDCPA for threatening action they don't plan on following through on.

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Um, that letter is a FDCPA violation on its face.

#1 Unless the collector is a lawyer himself, he cannot threaten lawsuit because he cannot actually file such a suit. He also cannot recommend that his client file suit because then he is giving legal advice wihtout being a lawyer.

#2 He cannot threaten to sieze any property. There are two reasons for this. First, he has not obtained a judgment. And second, siezure of property requires a judge's ok even if he had a judgment in hand.

In both cases, you have a right to appear to contest the accusation outright.

There may also be a #3 in there if the collector did not include the required information telling you that you have a right to challenge the alleged debt through validation. Even if he did include that on the letter, the threat to take legal action would overshadow any such notice of right to validation.

Contact a consumer protection lawyer and show the letter. You pretty much have a claim at least 4x more in dollar value than they are trying to collect so what the collector did was royally stupid.

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Um, that letter is a FDCPA violation on its face.

#1 Unless the collector is a lawyer himself, he cannot threaten lawsuit because he cannot actually file such a suit. He also cannot recommend that his client file suit because then he is giving legal advice wihtout being a lawyer.

#2 He cannot threaten to sieze any property. There are two reasons for this. First, he has not obtained a judgment. And second, siezure of property requires a judge's ok even if he had a judgment in hand.

In both cases, you have a right to appear to contest the accusation outright.

There may also be a #3 in there if the collector did not include the required information telling you that you have a right to challenge the alleged debt through validation. Even if he did include that on the letter, the threat to take legal action would overshadow any such notice of right to validation.

Contact a consumer protection lawyer and show the letter. You pretty much have a claim at least 4x more in dollar value than they are trying to collect so what the collector did was royally stupid.

::allhail::

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Do you actually owe the money to the dentist? Is the amount correct? If so and its only a few months old, could you call the dentist and ask it to be recalled and pay the dentist?

Reason I ask if you are sure the amount is correct is b/c I've found that providers, and especially dentists, tend to overbill if you use insurance. My dentist has overbilled me before and I've had to correct him. If you used insurance, check your Explanation of Benefit for that visit and make sure the amount the EOB says you owe (patient responsibility) is the same as the dentist claims you owe. When I've been overbilled, its b/c the dentist failed to take into account the contracted rate with the insurance company. For example, the dentist may normally bill $500 for a crown but when submitted for insurance, the contracted rate may be $250, out of which you are responsible for say 30%. So watch out for that, it happens more than you think. Don't think that a medical provider will bill you properly all the time.

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